Terms & Conditions

Website Terms and Conditions of Use– Please Read Carefully

1. TERMS

By accessing this website (the “Website”) and any applications, software and/or services available via the Website, you are agreeing to be bound by the Van Court Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The Website is available for use only on the condition that you agree to all of the Terms and Conditions of Use. If you do not agree with any of these terms, do not use or access this Website. By using this Website, you and/or the entity you represent signify your agreement to be bound by the Terms and Conditions of Use. The materials contained in this Website are fully protected by applicable copyright and trademark law.

Your access and use of our Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Website or other actions that we, in our sole discretion, may elect to take.  Van Court reserves the right to suspend or discontinue the availability of our Website and/or any portion or feature contained on the Website at any time in our sole discretion and without prior notice.
The products and services made available through the Website are intended for personal use only. You may not assign, transfer, re-market, resell or otherwise dispose of, any of Van Court’s products and services without obtaining our prior written consent.  We may cancel or modify purchases made through this Website if it appears that they are the result of fraudulent or inappropriate activity, or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Other terms and conditions included on a portion of our Services, including return and shipping policies, may apply to your purchase and are incorporated by reference herein.

To use certain services offered on this Website, you may be required to provide us with information about you, which may be of a confidential nature and may include personal identifying information, information regarding products you have purchased, and/or financial information (“Your Information”).  If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity.  You also agree to keep Your Information current and to update Your Information if any of Your Information changes.  Our collection, use and disclosure of Your Information is governed by these Terms and Conditions of Use
If the Website requires you to create a password to use certain portions of the Website, then it is your sole responsibility to maintain the security of that password.  You agree that we shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party.

You agree to immediately notify us of any unauthorized use of your password, any unauthorized use of any account that you may have with us, or any other breach of security known to you in connection with any product or service available on the Website.

Fees and Payments.  Access and use of many aspects of our services is free.  You will pay the fees indicated by us for certain other aspects of our services, such as when you purchase waxing services, purchase gift certificates, or when you purchase other products from us.  At any time, we may choose to charge fees for various premium features and services, and we will notify you of those charges at the time that we offer features and services for a fee.  We may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount and type of fees) we charge at any time.  If we introduce a new service or charge a new fee, we will establish and notify you of the fees for that service at the launch of the service or start of charging a new fee.  If we notify you of new fees or changes to fees for an existing service, then you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service.

2. USE LICENSE AND OWNERSHIP

a.     Any and all intellectual property rights associated with the Website and its Contents are the sole property of Van Court, its affiliates or third-parties.  Elements of the website are protected by United States trademark, trade dress, trade secret, unfair competition and other laws and may not be copied in whole or in part, except as expressly provided herein.  All custom graphics, icons and other items that appear on the Website are trademarks, service marks or trade dress of Van Court, its affiliates or other entities that have granted Van Court the right and license to use such trademarks, service marks or trade dress and said marks may not be used or interfered with in any manner without the express written consent of Van Court.  Except as expressly provided herein, you may not copy, reproduce, modify, lease, loan, sell create derivative works from, upload, transmit or distribute any intellectual property contained on the Website in any way without Van Court’s or the appropriate party’s prior written permission.  Except as expressly provided herein, Van Court does not grant to you any express or implied rights to any third-party’s intellectual property.
b.     Permission is granted for you to have a limited, personal, nontransferable, nonsublicensable, revocable license to temporarily download one copy of the materials (information or software) on Van Court’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on Van Court’s web site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or ”mirror” the materials on any other server.

c.     This license shall automatically terminate if you violate any of these restrictions and may be terminated by Van Court at any time.  Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

d.     In addition to the other restrictions set forth in these Terms and Conditions of Use, you agree that:

1.

i.    You will not disguise the origin of information transmitted through the Website.
ii.   You will not place false or misleading information on the Website.
iii. You will not use or access any service, information, application or software available via the Website in any matter not expressly permitted by Van Court
iv. You will not input or upload to the Website any information containing viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or information or that infringes the intellectual property rights of another.
v.   Certain areas of the Website are restricted to customers of Van Court.
vi. You may not use or access the Website in any way that, in Van Court’s judgment, adversely affects the performance or function of Van Court’s business or the Website or interferes with the ability of authorized parties to access the Website.

3. DISCLAIMER

The materials on Van Court’s web site are provided ”as is”.  Van Court makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.  Further, Van Court does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Website or otherwise relating to such materials or on any sites linked to this Website.

4. LIMITATIONS

To the extent permitted by applicable law, in no event shall Van Court or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Van Court’s Website, even if Van Court or a Van Court authorized representative has been notified orally or in writing of the possibility of such damage.  Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. COMPLIANCE LAWS

You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Van Court, negatively reflect on the good will or reputation of Van Court and shall take no actions which would cause Van Court to be in violation of any laws, rulings or regulations applicable to Van Court.  You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import or export of content onto the Website.

6. REVISIONS AND ERRATA

The materials appearing on Van Court’s Website could include technical, typographical, or photographic errors.  Van Court does not warrant that any of the materials on its Website are accurate, complete, or current.  Van Court may make changes to the materials contained on its Website at any time without notice.  Van Court does not, however, make any commitment to update the materials.

7. LINKS

Van Court has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site.  The inclusion of any link does not imply endorsement by Van Court of the site.  Use of any such linked web site is at the user’s own risk.

8. SITE TERMS OF USE MODIFICATIONS

Van Court may revise theTerms and Conditions of Use for its web site at any time without notice. By using the Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use. Van Court may also change or impose fees for products or services provided via the Website at any time and within its sole discretion.  Van Court may establish or change, at any time, general practices and limits concerning other Van Court products and services in its sole discretion.

9. GOVERNING LAW AND JURISDICTION

Any claim relating to Van Court’s web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions. To the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to your use of the Website, its services or content shall be instituted in a state or federal court sitting in the County of New York, State of New York and you expressly waive any objection that you may now have or hereafter to the laying of the venue or to the jurisdiction of any such proceeding.  You agree that any claim or cause of action arising out of or relating to your use of the Website, its information or content must be filed within one (1) year after such claim or cause of action arose.

10. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed a privacy policy in order for you to understand how we collect, use, communicate, disclose and make use of any personal information provided to Van Court at any time.  The following outlines our privacy policy.  Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.  We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.  Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.  We will make readily available to customers information about our policies and practices relating to the management of personal information.  We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

With respect to any individual whose personal information is provided by you to Van Court, you represent that you have obtained all necessary consents for the processing of such personal information for such use, including the transfer of such data to the United States or New York and that such jurisdictions may contain laws that do not provide the same level of protection for personal information as the laws of the country of origin or state of residence of such individual.

11. INDEMNIFICATION

You shall defend, indemnify and hold harmless Van Court and its members, officers, directors, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of these Terms and Conditions of Use by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of our services; (iv) access or use of our services under any password that may be issued to you; (v) your transmissions, submissions or postings; and/or (vi) any personal injury or property damage caused by you.

12. GENERAL

You may not assign these Terms and Conditions of Use or any of your interests, rights or obligations under these Terms and Conditions of Use.  If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.  No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver or such term or condition or any other term or condition.

13. COMPLETE AGREEMENT

Except as expressly provided in any separate license, service or other written agreement between you and Van Court, these Terms and Conditions of Use constitute the entire agreement between you and Van Court with respect to the use of the Website, its information and content contained therein, and supersedes are discussions, communications, conversations and agreements concerning the subject matter hereof.


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